In 2019, about 22% of U.S. students ages 12-18 reported being bullied, with a higher percentage of female students than male students reporting victimization. Recent empirical reports indicate that students with disabilities are more likely to experience bullying and be punished for bullying. Bullying has been linked to increased risk for…

Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

The author discusses rights-based arguments for and against cochlear implants in congenitally deaf children and analyzes whether CIs should be required by law or left to parental discretion. Positions for and against CIs are analyzed in light of two rights-based arguments: Griffin's theory on personhood as a solution to a conflict of rights and…

The advent of critical race theory (CRT) in legal scholarship changed the way in which legal scholars think about race and racism in at least three ways. First, CRT scholars argue that the problem of racial justice is fundamental to American law, whereas the previous generation of civil rights scholars saw racial justice as a problem of…

Some student affairs professionals who are employed at public colleges and universities feel conflicted about the degree to which they should or should not discuss their religious and/or spiritual beliefs at work. The purpose of this article is to present an overview of legal, developmental, and ethical considerations that should be factored into…

The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

There is a human rights crisis in Indian Country. This crisis--one of many--is the result of an almost universal lack of legal representation of Native people when they appear as defendants in tribal courts. The lack of lay advocates and attorneys representing Native defendants creates tremendous problems for tribal members who find themselves in…

The purpose of this paper is to highlight current U.S. Supreme Court precedents regarding public employee speech on matters of public concern, and how those precedents are being applied by lower federal courts to public school administrators. Surveying the current legal landscape reveals a heightened vulnerability for school administrators…

Group decision-making can result in important benefits for organizational effectiveness. However, collaborative environments do not emerge organically. Effective leadership is critical for group success. Educational leaders must understand group processes and the importance of creating a culture that supports collaboration. Student discipline for…

School districts are often given the challenging task of addressing problematic online behaviors committed by students while simultaneously protecting themselves from civil liability by not overstepping their authority. This is difficult, because the law concerning these behaviors is ambiguous and continuously evolving, and little consensus has…

As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

Despite the less-than-weighty incident at its core--the display of a homemade banner emblazoned with "Bong Hits 4 Jesus"--a case that the U.S. Supreme Court will take up carries potentially far-reaching consequences for student speech, and for the legal protections of public school educators. From a sea of controversies over student…

An article this author wrote about avatar harassment and assault in Second Life (SL) inspired a considerable response after it was published. Perhaps the most notable reply was from Linden Lab, the company that created the virtual-reality world. In his initial essay ("The Chronicle of Higher Education," September 14, 2007; "The Education Digest,"…

One way of monitoring the effects of ethical and legal issues concerning severely handicapped students is establishing an additional level of review in the public schools. The Human Rights Committee (HRC) in one district, composed of multidisciplinary professional and community staff, has reviewed 56 individual behavior management programs…

Explores the common law-bill of rights debate in Australia and the probable impacts of extending constitutional and statutory rights to the educational system. Closely examined are compulsory education, the courts' role, children's rights, and the law and education interface, with reference to equality and quality issues in the United States.…